Meet the Other Defendants D.C.'s taxicab bribery scandal has brought down some big names. This isn't a story about them.
One works as a cashier at a gas station. Another works at a nursing home, trying to save money so he can finish his nursing degree. And another logged 16-hour shifts as a parking lot attendant with a 1-year-old boy to feed at home. During the last several months, each had decided on becoming a cab driver in the hope that the new job might better their lives.
Now they are the subject of a federal indictment. In early October, the three men—along with more than 30 others—were arrested and charged with conspiracy to commit bribery in connection with the ever-expanding federal probe of the District’s taxicab industry. In September, these men allegedly bribed Taxicab Commission Chairperson Leon Swain Jr. in exchange for under-the-table taxi operator licenses.
The more than two-year-old dragnet has touched the lives of some bigger names around municipal D.C. Ted Loza, chief of staff to Ward 1 Councilmember Jim Graham, stands accused of accepting bribes to influence taxicab legislation; the man who offered those bribes was well-known Ethiopian community leader Abdulaziz Kamus, who turned into an informant. And then there’s Swain, the little-known District government employee who after first being offered a bribe in 2007 immediately went to authorities to bring these folks down. Swain recently received hero’s praise in a Washington Post editorial.
The other people in this drama haven’t yet gotten their own editorial. Nor are they known in the hallways of the Wilson Building. The majority of these defendants immigrated from Ethiopia; many came to the United States seeking asylum from their home government’s persecution. During their initial court appearance, they all entered not-guilty pleas. They now struggle with trying to explain their innocence in imperfect English to busy court-appointed attorneys.
They face a huge climb in U.S. District Court. To hear the prosecution tell it, these defendants have been caught on tape bribing Swain. Tons of footage lies behind the allegations, say the authorities. The charges against them are serious. They all face up to five years imprisonment and a $250,000 fine. While they are all here legally, for some of them, a far worse penalty hangs over all future proceedings: the possibility of deportation to the country they had fled.
In a press release sent out on the day of their arrests, Acting U.S. Attorney Channing Phillips could not have sounded a more strident note on prosecuting these men: “The allegations contained in these indictments are serious—describing alleged corrupt activities at the heart of our taxicab industry—and reflect our determination to root out corruption in our government.”
At first glance, the allegations against this group of men have all the hallmarks of a ground-up bribery scandal. There was cash; there were envelopes; there were secret meetings.
But as many of the defendants will argue in court: How can you pay a bribe if everything about the alleged scheme was kept secret from you? If you knew nothing about the money you handed over and the man to whom you handed it? If you were led to believe that everything you were doing was proper?
Within a few days of their arrests, many of the men found their way to Daniel Belayneh’s Shaw office. Belayneh is the executive director of the Ethiopian Community Services and Development Council, a nonprofit that assists immigrants in obtaining employment, housing, and affordable healthcare. Belayneh is used to coordinating English-language or pharmacy-tech classes, not providing legal aid.
They arrived in bunches—five, then 10, then 15. Belayneh had them all take seats in his second-floor classroom. A mock pharmacy dominated the front of the room. The men looked panicked, he says.
When Belayneh first heard of their arrests, he had condemned them. If the allegations against the men were true, he says, then they had irreparably damaged the reputation of the Ethiopian community. “It was heartbreaking,” he says. “We have very good name as hard workers.”
“I didn’t know them before,” Belayneh says. “They said, ‘We want to talk to you.’ I said, ‘Tell me the story…tell me the truth so I understand.’”
By the time the men finished telling their stories, Belayneh became convinced that their arrests were unjust. “I never expect this kind of tragedy,” he says. “How can this happen?”
Here’s how: One of the defendants has worked as a parking lot attendant since 2002. In early September, two men showed up at his lot. He knew both men. One was an acquaintance from weekend soccer games. The other was Yitbarek Syume, an entrepreneur who ran United Fleet Management and owns a trio of cab companies—Jet, Mutual, and Olympic.
“I knew him—very rich guy,” the lot attendant says. “Very rich guy, he’s helpful guy on the radio.” He had listened to Syume’s Car Talk–style call-in show. He says he even phoned in once simply to express his admiration for the man personally. But until that day in September, he had never met Syume.
That day Syume wanted to talk to him. He had a job offer. “I give you big opportunity because you work hard,” the attendant recalls Syume telling him. Syume offered him work as a driver with his Jet cab company.
The lot attendant says he was blown away by Syume’s praise. He says he couldn’t believe that Syume had heard about him and his work ethic. He still beams with pride when telling this part of his story.
The lot attendant seized on the offer. He had come to the United States roughly nine years ago, seeking asylum. He dreamed of spending more time with his boy. He hoped to marry his girlfriend.
Syume’s partner gave the lot attendant a taxicab driver form and a series of instructions. He had to get a copy of his driver records from the Department of Motor Vehicles, and he had to pass a physical. He was then informed that he had to get fingerprinted at the commissioner’s office.
The lot attendant was never told that this process was a highly expedited way of obtaining a taxicab license. He was not briefed on the usual procedure—that is, completing a 60-hour course at the University of the District of Columbia and passing the cab commission’s hack test.
The lot attendant was instructed by Syume’s partner to show up at Syume’s small mechanic shop on 5th Street NE in Eckington to go through the improvised licensing process. There, Syume explained how his Jet cab company worked. The attendant showed off his son, whom he was taking care of that day. “I show him. I say thank you,” the attendant recalls. “I don’t have words at that time. He’s a big guy. He’s very, very rich for my mind.”
The lot attendant then followed Syume to what he thought was the taxicab commission office. Syume brought several other men needing to be fingerprinted. When they arrived, the attendant asked if he could bring his son inside. Syume told him that was a bad idea. Instead, one of Syume’s associates watched the boy.
The attendant says he was still worried about leaving his son. But Syume assured him that everything would be OK. “You are the first,” the attendant recalls Syume telling him. “Come on in.”
Syume handed him an envelope marked with the D.C. Taxicab Commission stamp on the front. Syume told him he had to give the envelope to Swain.
The attendant says he went inside a dwelling and was fingerprinted and photographed. He didn’t know that he was walking into a very efficient bribery factory.
He says Swain played the good host. But when it was all over, he says, he forgot about handing over the envelope, in part because he was worried about his son. Syume reminded him, and the lot attendant handed the goods to Swain.
Swain told the attendant to take a seat. He then opened the envelope. The attendant says he saw cash inside.
The attendant says he turned to Syume and asked about the money.
“He told me that’s the company fee,” the attendant explains.
According to the indictment, there were three dates that Swain had set up for fingerprinting sessions with different men: Sept. 11, 18, and 20. Each time, envelopes exchanged hands. All three defendants interviewed by Washington City Paper did not want their names printed for fear of retribution.
The other two defendants interviewed for this story say they were escorted by Syume to get fingerprinted and that he gave them envelopes with instructions to pass them on to Swain. Both say they did not know what the envelopes contained.
“[Swain] asked me, ‘Do you have something for me?’” recalls the nursing home worker. “I was confused the first time. Then I remember what Yitbarek said and I gave him the envelope.” He says he didn’t see the money inside. But later, other aspiring drivers told him they believed it was a processing fee.
One defendant, the gas station cashier, says that he did eventually discover there was money in his envelope after he had handed it to Swain. He also asked Syume about the cash. He says Syume told him it was payment for his physical.
“He said, ‘We know everything,’” the cashier recalls Syume telling him. “I thought he paid for the medical. We work for him.”
Swain told them they would be getting their licenses in January. He also told them that if they happened to see him on the street they should pretend they had never met. If they had questions, they were to see Syume. If this roused any suspicions among them, Syume put their minds at ease.
“Yitbarek told us too many people want to be taxicab driver,” the nursing home worker explains. “If they know about it, everybody would come to him. [Syume said] ‘This is a secret, because we are lucky to have that job.’”
That night, the parking lot attendant says that he went to church to thank God for his new employment. “That day was big day for me,” he says. “The big guy is giving me a company job, the Jet company—a famous company.”
A short time later, the men were instructed to attend a cabbie orientation and take a test at the D.C. Police Department’s training academy in Blue Plains on Oct. 2. He and dozens of others were arrested there. They each were charged with conspiracy to commit bribery. “I was really scared at that time,” says the nursing home worker. “I was hungry. I had a headache. Also, I was tired and scared, you know? I never had that feeling before.”
Two of the defendants said they would testify against Syume if asked.
The indictment offers only a skeletal version of the prosecution’s case. It totals seven pages; the list of defendants alone takes up the entire first page and spills onto the second.
The defendants, according to the document, had “different tasks” and “participated in the conduct of the organization through various criminal acts” and “participated in activities required to obtain corruptly licenses to operate taxicabs.”
The indictment singles out only two individuals—Syume and Suraphel Ayalew—as the recruiters and organizers of the bribery scheme. They allegedly collected $110,000 for bribe payments to Swain. The other defendants are alleged only to have met Swain “to provide fingerprints and photographs in conjunction with attempting to obtain taxicab operator licenses, at which time they also paid cash to the Chairperson for the operator licenses.”
All three defendants say they did not collect money for Swain or knowingly give money to Swain. They were left clueless about any bribery operation, they say. Surveillance video turned over by prosecutors last week appears to back up the defendants’ claim. Taken shortly before the fingerprint sessions, the video recorded a meeting held at the Swain home. In attendance were Swain, Syume, and Ayalew.
They aren’t talking about 30 possible illegal licenses. They are talking about obtaining 500 licenses at $500 a pop. Swain holds court in the living room, controlling the conversation.
“What we’re going to do is set up the fingerprints and we’ll do it here.…I can’t fingerprint 500 people by myself,” Swain tells the two.
Swain continues going over the plan. “Get everybody situated,” he says. “And then we’ll have them come down here.…Probably about 10 at a time....We don’t need this to go no further than the three of us.”
That utterance by Swain may provide an opening for defense attorneys in the case. Consider that the three defendants interviewed about the charges insist that they knew nothing of the machinations orchestrated by Syume and the others. The fact that Swain insisted on keeping everyone in the dark will bolster all claims that the defendants acted innocently, albeit naively.
Later in the video, Swain warns Syume and Ayalew: “I don’t expect people to be showing up at my offices asking me about their ID cards or anything like that.…Like I said, your people cannot be showing up at the [commission office].”
“Yeah. Yeah,” Ayalew assures Swain. “That’s guaranteed 150 percent.”
Still, Swain continues to stress the issue. “The day that we do this thing here,” he says. “We cannot afford to have any guy just milling around the area. They come in. We do what we have to do.”
The U.S. Attorney’s Office could not say how much the investigation and prosecution of these defendants has cost. The probe has lasted more than two years and involved D.C. police officers, FBI agents, and hours of recordings. “It was a large-scale operation,” says U.S. Attorney’s Office spokesperson Ben Friedman.
Robert Lee Jenkins Jr., an attorney representing one of the defendants in the case, thinks that whatever law enforcement spent, it was a waste of public funds. “This city is full of potential bribery cases,” he says. “You would have thought other individuals would have been targeted as opposed to some relatively poor immigrants who were simply trying to work hard and make a living.…I think when the facts come out, that will be crystal-clear to anyone.”
Another defense attorney with the case calls the government’s allegations “bogus.” “These people were led down a primrose path and didn’t know what was going on,” argues the attorney. “They were given those envelopes. It had D.C. Taxicab Commission on the return address. They thought everything was on the up and up.”
But all the pretrial arguments may amount to just that. There’s a chance many defendants won’t come close to pressing their case before a jury. A number of defense attorneys say they are worried that if their clients lose at trial there is a good chance that they could be deported. “Every time you have a case like this, you naturally are concerned about the immigration consequences,” explains defense attorney Nathan I. Silver II.
At a status hearing last week, the deportation issue was at the bottom of a long list of problems. First, the courtroom ran out of headsets. Not all the defendants could hear the translator. So more headsets had to be found. It then took the judge close to two hours to make sure each defendant understood what was going on.
Prosecutor John Crabb Jr. said that plea deals were being offered. But the deals would not mean the defendants would escape the prospect of deportation. Crabb said he would consider the issue. “That’s part of plea negotiations,” he explained.
For now, the defendants must handle their uncertain fates as well as a judicial proceeding with the feel of a cattle call. The lot attendant waited patiently for last week’s hearing to start. He stood outside the courtroom with the others until he was told he could enter. As he made his way through the double doors for his first tedious hearing, he turned and said, “Pray for me.”
Oct. 22 - 28, 2009 (Vol. 29, #43)






Comments
11:15 pm
The small fish will make deals, avoid deportation, and cooperate against the ringleaders. Great reporting, CP. You put a human face on this debacle.
7:00 am
Great article JC and CityPaper - this is the sort of thing I would pay for. Qualtiy reporting, backgrounding, and a bit of digging. While corrupt officials and ringleaders are certainly deserving of years of punishment and thousands of dollars in fines, it is not often one hears about the other guys. This is the sort of story that should be explored. Simply great.
11:00 am
Jason Cherkis,
I want to express my appreciation to you personally for shading some light on the real victims of this case. As you noted, most are assylum seekers who were fleeing political persecution from their country in the hope of starting a new life in the U.S. I hope that the prosecutor in this case is paying attention and is able to differentiate between the ring leaders and the naive and gullible victims who were led down the wrong path. Thanks again. . .wonderful reporting!
11:58 am
These are exactly the kinds of people, in desparate situations, that Jim Graham has made a career out of exploiting. I only hope these hapless dupes can provide information that will help to bring his reign of graft and corruption to an end.
12:04 pm
I agree with Truth Hurts, with the twin caveats that not all the evidence has emerged and the world is full of guilty people who swear their innocence.
1:11 pm
Not knowing the law is not an excuse when it's broken. If they were handed an envelope full of money to hand over to the same official every time, and NONE of them expected it was a bribe.....really? I find that very hard to believe. There are many hard working Ethiopians in this country, but there are also some (and not just Ethiopians) who feel that's it's acceptable to do whatever they need to do to make money and don't make any effort to find out what the rules/laws are before doing it. Failure to find out what the proper process is does not remove them from liability. And if you're not bright enough to figure out that handing over an envelope full of cash to a DC official is probably not legal....then I don't really feel sympathy for someone that dim.
10:13 pm
Great article and I agree with DDR, The individual is telling seyume’s garage , thought it was a dc taxi commission …. Really ????????????? how about Handing an envelop to dc official ……… come on…………………… they broke the law they should be punished no exceptions. The was a legal way to obtain the license but they chose the sort cut. Too bad no sympathy for all of them.
10:40 pm
Seems the lot attendant is not making any sense to me. they broke the law they should be punished according to the law period. Syume for sure was approached by them he can’t possibly offer them a job as the attendant mentioned. Bribeing to dc official is a serious crime they know it and they should be locked.
2:54 pm
Narcissistic personality:
Seems to me this disorder is rampant; I would guess Swain is probably the main one in this artical suffering from the illness. Read between the lines. If he knew this was being investigated why did he make the statements he made on tape? Did he participate in this scheme before the FBI came on board?
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It seems we have some of the same type of "heartless people" on this comment board that took advantage of these defendants. The mentality of people like DRR, Danny, and BK makes you realize WHY, stations like fox news (Not!), rush limbaugh, and glenn beck (chicken-hawk Neo-cons that lack empathy for others) still have work in this town. Hey People - try stepping in (lot attendants) shoes… Since you think it’s so simple try and go over to their country and make a living, if you even have a Passport. If you did, I bet you would look for someone to trust to help you maneuver the rules of their country and hope they are leading you in a legal way. The problem is these folks don’t look like your brother, so you don’t care.
3:39 pm
Hey Jeff. Your attempt to label me some Limbaugh/Beck/Fox "news" loving conservative is pathetic and could not be more wrong. I have traveled all over the world....and I have not hesitated to ask for help when I needed it. Had any of those people in trouble now asked for help, I would have gladly offered where they might be able to start the process legally. Even though they don't look like me (...trying to label me a racist.....f**k you). Or does not being from the US prevent them from simple common sense.....like asking another taxi driver? Or going to the internet? They do have the internet in Ethiopia you know. And there is free internet at the libraries. Or they have already gone to the DMV for driver's licenses.....why not go there and ask someone there? Do they really have to be from the US to think of these things? Bribery and corruption is a HUGE problem in Ethiopia....have they never heard of bribes or shady government deals over there?
And let’s not forget.....the poor lot attendant. He came to the US 9 years ago.....he's not fresh off the boat. And so because someone is not from the US, they're allowed to break the law and just claim they didn't know?! What laws will you allow them to break and just walk away? There are services to aid immigrants....they didn't use them. They chose to listen to someone who had no prior connection to them instead of someone in an official capacity.
I'll tell you what Jeff.....let's see how you answer this. I travel to another country and meet a person who immediately hands me an envelope. He asks me to go into a bank and hand an envelope containing a love note to a teller and tells me that the bank teller is going to give me a bag in return. The man will pay me money when I return with the bag. I find out later when I get arrested that the letter was a demand for money and the bag contained cash. I didn't know it was a robbery....he told me it was a love note! Am I innocent of robbing that bank? Or should I be charged along with the guy who gave me the note? Tell me I'm inocent and I'll ask you to help me out with getting a date with this really hot bank teller I saw yesterday.
5:18 pm
Stop and think. Why are these guys giving government thugs money? Why can't anyone who wants to drive a cab just drive a cab? Why is the government involved in this at all? Do you need a license from the government to be a baby sitter, a maid, a computer programmer? These poor guys got caught in the kind of game that always gets played when the government has too much power. Wait until a Leon Swain gets to decide whether your wife or husband can get cancer surgery. Then the bribes will be real big money.
8:05 pm
I completely agree with Jeff that the big guy seems to be involved in the case. How could he give new company licenses for those involved ring leaders and give meter installation permit for the Unite Fleet Management (whose owner is Yetbarek) long after he is aware of their wrong doing(as said that he went to authorities to inform about ) in the cab industry? There is a bias to shift the investigation toward the poor immigrants and save others involved.
7:40 am
I just one question. The money that was in the envelope, where did it come from? If it is from Mr. Syume, why would he pay for the bribe out of his own pocket because ultimately when the guys get their license he could not be sure they would work for him. If the money came from the guys, then they would know more about the bribe then what they are telling.